| Citation(s) |
|---|
| 1990 SLG 160 1990 SLD 160 1990 PLJ 565 |
Sindh High Court
Const. Petitions Nos. U>72 of 1987 and 2 to 13 of 1989, decided on 6.5.1990
SAEEDUZZAMAN SADDIQUI AND IMAM ALI KAZI, JJ
Mr, Alt Amjid, Advocate for Petitioners. Mr. Talmiz Biimey and Cli. Rashid Ahmad, Advocates for
Respondents.
Const. Petitions Nos. U>72 of 1987 and 2 to 13 of 1989, decided on 6.5.1990
SAEEDUZZAMAN SADDIQUI AND IMAM ALI KAZI, JJ
Mr, Alt Amjid, Advocate for Petitioners. Mr. Talmiz Biimey and Cli. Rashid Ahmad, Advocates for
Respondents.
AHMAD SAEED and 16 others
VS
SIND LABOUR APPELLATE TRIBUNAL and another--Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 2A
(i) Apprenticeship Rules, 1966- —-Rr. 18 19-Apprenliccsliip period-Expiry of-Extension in apprenticeship period-Whether amounts to amendment or alteration of original contract of apprenticeship requiring prior approval of competent authority—Question of— It is true that all subsequent alterations and amendments in contract of apprenticeship require prior approval of competent authority under Rule 18(4) which is a general provision— Case of extension in period of apprenticeship falls under special provision of Rule 19--Held: Prior approval of comptent authority is not necessary in case of extension of apprenticeship period of a trainee and such approval can be accorded by competent authority under Rule 19(3) even after commencement of extended period of apprenticeship. PLJ 1979 Lahore 214 ref. (ii) Apprenticeship Rules, 1966— — Rr. 2122-Apprenticeship period-Expiry of-Extension in apprenticeship period— Whether prior approval of competent authority for extension of apprenticeship is necessary— Question of— After completion of probationary period by apprentice, prescribed under Rule 21, neither apprentice nor employer can terminate apprenticeship contract except with prior written consent of competent aulhority-Any breach of this condition may result in penal consequences-After completion of prescribed period, neither employer is obliged to offer employment to apprentice nor latter is bound to serve employer— Held: A prior approval of competent authority is not essential for extending period of apprenticeship, (iii) Industrial Relations Ordinance, 1969 (Wp Ord.XXIII ol 1969)-- — S.2>A read with Apprenticeship Rules 1966, Rr. 18 19—Apprenliceship period— Expiry of—Extension in apprenticeship period—Whether, alter expiry of original apprenticeship period, petitioners continued to work as apprentices or they were absorbed as permanent employees of Zeal Pak—Qucstion of— Tribunals are required to determine this question in each case according to evidence on record— Held: These important factual aspects of case having not been resolved by tribunals below, orders passed by Sind Labour Appellate Tribunal and Sind Labour Court are illegal and of no legal…
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